1 Name of Regulations
These Regulations are the Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 2001 (No. 1).
2 Commencement
These Regulations commence, or are taken to have commenced, as follows:
(a) on 28 May 1998 — regulations 1 to 5;
(b) on 19 June 1998 — regulation 6;
(c) on 1 July 1998 — regulation 7;
(d) on gazettal — Schedule 1;
(e) on the commencement of the Sydney Harbour Federation Trust Act 2001 — Schedule 2;
(f) on the commencement of section 59 of the Snowy Hydro Corporatisation Act 1997 — Schedule 3.
3 Amendment of Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981
Schedules 1, 2 and 3 amend the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981.
4 Definition
In regulations 5, 6 and 7:
Regulations means the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981.
5 Application of Regulations to employees of Sydney Airports Corporation Ltd
(1) The Regulations apply as if:
(a) subregulation 3A (1) included a paragraph with the effect of paragraph (w) inserted by item [2] of Schedule 1; and
(b) subregulation 3A (1A) included a reference to sub‑subparagraph (iii) (B) of the paragraph mentioned in paragraph (a); and
(c) regulation 4 included a subregulation with the effect of subregulation (23) inserted by item [5] of Schedule 1; and
(d) subregulation 4 (1A) included a reference to subparagraph (b) (ii) of the subregulation mentioned in paragraph (c); and
(e) inserted subsection 159 (1A) in item 2 of Schedule 1 to the Regulations included a paragraph with the effect of paragraph (t) inserted by item [7] of Schedule 1.
(2) This regulation ceases to have effect on the commencement of Schedule 1.
6 Application of Regulations to employees of Bankstown Airport Ltd
(1) The Regulations apply as if:
(a) subregulation 3A (1) included a paragraph with the effect of paragraph (x) inserted by item [2] of Schedule 1; and
(b) subregulation 3A (1A) included a reference to sub‑subparagraph (iii) (B) of the paragraph mentioned in paragraph (a); and
(c) regulation 4 included a subregulation with the effect of subregulation (24) inserted by item [5] of Schedule 1; and
(d) subregulation 4 (1A) included a reference to subparagraph (b) (ii) of the subregulation mentioned in paragraph (c); and
(e) inserted subsection 159 (1A) in item 2 of Schedule 1 to the Regulations included a paragraph with the effect of paragraph (u) inserted by item [7] of Schedule 1.
(2) This regulation ceases to have effect on the commencement of Schedule 1.
7 Application of Regulations to employees of Essendon Airport Ltd
(1) The Regulations apply as if:
(a) subregulation 3A (1) included a paragraph with the effect of paragraph (y) inserted by item [2] of Schedule 1; and
(b) subregulation 3A (1A) included a reference to sub‑subparagraph (iii) (B) of the paragraph mentioned in paragraph (a); and
(c) regulation 4 included a subregulation with the effect of subregulation (25) inserted by item [5] of Schedule 1; and
(d) subregulation 4 (1A) included a reference to subparagraph (b) (ii) of the subregulation mentioned in paragraph (c); and
(e) inserted subsection 159 (1A) in item 2 of Schedule 1 to the Regulations included a paragraph with the effect of paragraph (v) inserted by item [7] of Schedule 1.
(2) This regulation ceases to have effect on the commencement of Schedule 1.
Schedule 1 Amendments commencing on gazettal
(regulation 3)
[1] Sub-subparagraph 3A (1) (v) (iii) (C)
omit
purposes.
insert
purposes;
[2] After paragraph 3A (1) (v)
insert
(w) a class of persons each of whom:
(i) becomes an employee (except a casual or temporary part-time employee) of Sydney Airports Corporation Ltd on or after 28 May 1998; and
(ii) immediately before becoming so employed was an eligible employee employed by the Federal Airports Corporation; and
(iii) is not, in relation to the person’s employment with Sydney Airports Corporation Ltd, a member of a superannuation scheme, other than:
(A) the scheme provided for by the Act; or
(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(x) a class of persons each of whom:
(i) becomes an employee (except a casual or temporary part-time employee) of Bankstown Airport Ltd on or after 19 June 1998; and
(ii) immediately before becoming so employed was an eligible employee employed by the Federal Airports Corporation; and
(iii) is not, in relation to the person’s employment with Bankstown Airport Ltd, a member of a superannuation scheme, other than:
(A) the scheme provided for by the Act; or
(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(y) a class of persons each of whom:
(i) becomes an employee (except a casual or temporary part-time employee) of Essendon Airport Ltd on or after 1 July 1998; and
(ii) immediately before becoming so employed was an eligible employee employed by the Federal Airports Corporation; and
(iii) is not, in relation to the person’s employment with Essendon Airport Ltd, a member of a superannuation scheme, other than:
(A) the scheme provided for by the Act; or
(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
[3] Subregulation 3A (1A)
omit
and (1) (v) (iii) (C),
insert
, (1) (v) (iii) (C), (1) (w) (iii) (B), (1) (x) (iii) (B) and (1) (y) (iii) (B),
[4] Subregulation 4 (1A)
omit
19 (b) (iii), 20 (b) (iii), 21 (b) (iii) and 22 (b) (iii),
insert
(19) (b) (iii), (20) (b) (iii), (21) (b) (iii), (22) (b) (iii), (23) (b) (ii), (24) (b) (ii) and (25) (b) (ii),
[5] After subregulation 4 (22)
insert
(23) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (w) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Sydney Airports Corporation Ltd;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Sydney Airports Corporation Ltd, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which Sydney Airports Corporation Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.
(24) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (x) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Bankstown Airport Ltd;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Bankstown Airport Ltd, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which the Commonwealth ceases to have a controlling interest (whether through Sydney Airports Corporation Ltd or otherwise) in Bankstown Airport Ltd.
(25) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (y) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Essendon Airport Ltd;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Essendon Airport Ltd, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which Essendon Airport Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.
[6] Schedule 1, subitem 2.1, inserted paragraph 159 (1A) (s)
omit
Australian Government Solicitor.
insert
Australian Government Solicitor;
[7] Schedule 1, subitem 2.1, after inserted paragraph 159 (1A) (s)
insert
(t) Sydney Airports Corporation Ltd;
(u) Bankstown Airport Ltd;
(v) Essendon Airport Ltd.
Schedule 2 Amendments commencing on the commencement of the
Sydney Harbour Federation Trust Act 2001
(regulation 3)
[1] Sub-subparagraph 3A (1) (y) (iii) (B)
omit
purposes.
insert
purposes;
[2] After paragraph 3A (1) (y)
insert
(z) a class of persons each of whom:
(i) on or after the commencement of the Sydney Harbour Federation Trust Act 2001, became, or becomes, an employee of the Sydney Harbour Federation Trust (otherwise than on a casual or temporary part-time basis); and
(ii) either:
(A) immediately before becoming so employed, was an eligible employee; or
(B) immediately before becoming so employed, was a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was payable, or would have been payable but for a suspension of payment; or
(C) immediately before becoming so employed, was a person to whom invalidity pension under the Act or the superseded Act was payable, or would have been payable but for a suspension of payment; or
(D) immediately before becoming so employed, was a person to whom deferred benefits under the Act were applicable; or
(E) is a person who, because of the person's employment by Sydney Harbour Federation Trust, is a re‑employed former contributor with preserved rights; and
(iii) is not, in relation to the person's employment by Sydney Harbour Federation Trust, a member of a superannuation scheme, other than:
(A) the scheme provided for by the Act; or
(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
[3] Subregulation 3A (1A)
omit
and (1) (y) (iii) (B),
insert
, (1) (y) (iii) (B) and (1) (z) (iii) (B),
[4] Subregulation 4 (1A)
omit
and (25) (b) (ii),
insert
, (25) (b) (ii) and (26) (b) (ii),
[5] After subregulation 4 (25)
insert
(26) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (z) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Sydney Harbour Federation Trust;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Sydney Harbour Federation Trust, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which Sydney Harbour Federation Trust ceases to be a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997.
[6] Schedule 1, subitem 2.1, inserted paragraph 159 (1A) (v)
omit
Essendon Airport Ltd.
insert
Essendon Airport Ltd;
[7] Schedule 1, subitem 2.1, after inserted paragraph 159 (1A) (v)
insert
(w) Sydney Harbour Federation Trust.
Schedule 3 Amendments commencing on the commencement of section 59 of the Snowy Hydro Corporatisation Act 1997
(regulation 3)
[1] Subregulation 2 (1), after definition of relevant person
insert
SMHEA corporatisation date means the date on which section 59 of the Snowy Hydro Corporatisation Act 1997 commences.
[2] Sub-subparagraph 3A (1) (z) (iii) (B)
omit
purposes.
insert
purposes;
[3] After paragraph 3A (1) (z)
insert
(za) a class of persons each of whom:
(i) immediately before the SMHEA corporatisation date, was an eligible employee employed by the Snowy Mountains Hydro-electric Authority; and
(ii) on the SMHEA corporatisation date, became an employee of Snowy Hydro Limited; and
(iii) is not, in relation to the person’s employment with Snowy Hydro Limited, a member of a superannuation scheme, other than:
(A) the scheme provided for by the Act; or
(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
[4] Subregulation 3A (1A)
omit
and (1) (z) (iii) (B),
insert
, (1) (z) (iii) (B) and (1) (za) (iii) (B),
[5] Subregulation 4 (1A)
omit
and (26) (b) (ii),
insert
, (26) (b) (ii) and (27) (b) (ii),
[6] After subregulation 4 (26)
insert
(27) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (za) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Snowy Hydro Limited;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Snowy Hydro Limited, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which a person or entity other than the following becomes a shareholder of Snowy Hydro Limited:
(i) the Commonwealth;
(ii) New South Wales;
(iii) Victoria;
(d) if payments to the Commonwealth in respect of benefits that are payable under the Act to, or in respect of, the person cease to be made by Snowy Hydro Limited — the last day to which the last of those payments relates;
(e) if payments to the Commonwealth in respect of the costs of the administration of the Act cease to be made by Snowy Hydro Limited — the last day to which the last of those payments relates.
[7] Schedule 1, subitem 2.1, inserted paragraph 159 (1A) (w)
omit
Sydney Harbour Federation Trust.
insert
Sydney Harbour Federation Trust;
[8] Schedule 1, subitem 2.1, after inserted paragraph 159 (1A) (w)
insert
(x) Snowy Hydro Limited.
1. These Regulations amend Statutory Rules 1981 No. 36, as amended by 1987 No. 290; 1989 No. 168; 1990 Nos. 179 and 379; 1991 Nos. 97, 168, 446 (as amended by 1992 No. 213) and 465; 1992 Nos. 27, 213, 323, 428 and 460 (as amended by 1994 No. 271); 1993 Nos. 3, 50 and 348; 1994 Nos. 8, 115, 116, 248, 271 and 335; 1995 Nos. 97, 201, 349 and 438; 1996 Nos. 6, 97 and 297; 1997 Nos. 47 and 215; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172.
2. Notified in the Commonwealth of Australia Gazette on 30 August 2001.